Agnew

Security Pacific National Bank v. Agnew

Good Law
1988 Cal. App. LEXIS 779·203 Cal. App. 3d 1366·250 Cal. Rptr. 779
Court of Appeal of CaliforniaAugust 23, 1988No. B028713California2,476 words

Opinion

Lead Opinion

Stone, J.

The subject of this appeal is the interpretation of a provision in a will disposing of the principal of a residuary trust. We conclude that the trial court’s interpretation of this provision is erroneous, and reverse.

Background

Anna Edwards (Anna) died in 1931; she left no spouse or children, and had three brothers.

In a will executed in 1930, she created a residuary trust which reads as follows in pertinent part: “Eighth: All the rest, residue, and remainder of *1370 my property, real, personal, and mixed, and wheresoever the same may be situate [szc] or being, I give, devise and bequeath to Security-First National Bank of Los Angeles, a corporation, in trust nevertheless for the following uses and purposes: To collect, hold, manage, sell, lease, control and possess, invest and re-invest the same, and pay the net income therefrom to the following persons and in proportions as follows:. . . [1f] One-seventh thereof to my niece, Abby Edwards Randall; [^[] One-seventh thereof to my niece, Dorothy Edwards; [^[] One-seventh thereof to my niece, Margaret E. Agnew; [fl] One-seventh thereof to my niece, Miriam B. Edwards; [fl] One-seventh thereof to my grand-niece, Patricia…

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